Colorado 2024 2024 Regular Session

Colorado House Bill HB1039 Engrossed / Bill

Filed 03/01/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0228.01 Chelsea Princell x4335
HOUSE BILL 24-1039
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING NON-LEGAL NAME CHANGES FOR STUDENTS IN SCHOOLS .101
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Colorado Youth Advisory Council Review Committee. Section
1 of the bill:
! Requires public schools and institute charter schools
(school) to use a student's preferred name, if a preferred
name is requested by the student; and
! Deems a school's refusal to use a student's preferred name
a form of discrimination.
Section 2 of the bill:
HOUSE
3rd Reading Unamended
March 1, 2024
HOUSE
Amended 2nd Reading
February 23, 2024
HOUSE SPONSORSHIP
Vigil and Titone, Amabile, Bacon, Boesenecker, Brown, Clifford, deGruy Kennedy,
Froelich, Garcia, Hernandez, Herod, Joseph, Kipp, Lindsay, Lindstedt, Mabrey, Marshall,
Martinez, Marvin, Mauro, McCormick, McLachlan, Ortiz, Parenti, Rutinel, Sirota, Story,
Velasco, Weissman, Willford, Woodrow
SENATE SPONSORSHIP
Winter F. and Marchman,
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. ! Creates the non-legal name changes in schools task force
(task force) in the department of education (department)
consisting of 9 members appointed by the department to
examine existing school policies and provide
recommendations to schools on how to best implement
student non-legal name change policies;
! Requires the department to appoint members to the task
force by June 30, 2024;
! Requires the task force to submit a report to the department
detailing the recommended policy guidelines by January 1,
2025;
! Requires the department to publish the report on its website
and submit the report to the superintendent of each school
district and chief administrator of each institute charter
school by February 1, 2025;
! Requires a school to implement the task force's policy
recommendations by July 1, 2025; and
! Repeals the task force, effective July 1, 2026.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 22-2-117, amend2
(1)(b)(IX) and (1)(b)(X); and add (1)(b)(XI) and (7) as follows:3
22-2-117. Additional power - state board - waiver of4
requirements - rules - definitions. (1) (b)  The state board shall not5
waive any of the requirements specified in any of the following statutory6
provisions:7
(IX) Any provisions of section 22-1-128 relating to8
comprehensive human sexuality education content requirements; or9
(X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),10
22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)11
relating to discrimination based on hair texture, hair type, or a protective12
hairstyle that is commonly or historically associated with race; OR13
(XI) ANY PROVISION OF SECTION 22-32-109 (1)(ll), 22-32-11014
(1)(k), 22-38-104 (1)(d), OR 22-63-206 (1) RELATING TO DISCRIMINATION15
1039-2- BASED ON GENDER EXPRESSION THROUGH THE USE OF A CHOSEN NAME .1
(7) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE2
REQUIRES:3
(a) "CHOSEN NAME" MEANS ANY NAME THAT AN INDIVIDUAL4
REQUESTS TO BE KNOWN AS, OTHER THAN THE INDIVIDUAL'S LEGAL NAME,5
TO REFLECT THAT INDIVIDUAL'S GENDER IDENTITY.6
(b) "GENDER EXPRESSION" MEANS AN INDIVIDUAL'S WAY OF7
REFLECTING AND EXPRESSING THE INDIVIDUAL'S GENDER TO THE OUTSIDE8
WORLD, TYPICALLY DEMONSTRATED THROUGH APPEARANCE, DRESS, AND9
BEHAVIOR, OR USE OF A CHOSEN NAME.10
SECTION 2. In Colorado Revised Statutes, 22-32-109, amend11
(1)(ll)(II); and add (1)(ll)(I.5) as follows:12
22-32-109. Board of education - specific duties - definitions.13
(1) In addition to any other duty required to be performed by law, each14
board of education has the following specific duties:15
(ll) (I.5) A SCHOOL'S WRITTEN POLICY ADOPTED PURSUANT TO16
SUBSECTION (1)(ll)(I) OF THIS SECTION MUST SPECIFY THAT A KNOWING OR17
INTENTIONAL USE OF A NAME OTHER THAN A STUDENT'S CHOSEN NAME IS18
DISCRIMINATORY.19
(II)  As used in this subsection (1)(ll):20
(A) "CHOSEN NAME" MEANS ANY NAME THAT AN INDIVIDUAL21
REQUESTS TO BE KNOWN AS, OTHER THAN THE INDIVIDUAL'S LEGAL NAME,22
TO REFLECT THAT INDIVIDUAL'S GENDER IDENTITY.23
(B) "GENDER EXPRESSION" MEANS AN INDIVIDUAL'S WAY OF24
REFLECTING AND EXPRESSING THE INDIVIDUAL'S GENDER TO THE OUTSIDE25
WORLD, TYPICALLY DEMONSTRATED THROUGH APPEARANCE, DRESS, AND26
BEHAVIOR, OR USE OF A CHOSEN NAME.27
1039
-3- (A) (C) "Protective hairstyle" includes such hairstyles as braids,1
locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and2
headwraps.3
(B) (D) "Race" includes hair texture, hair type, or a protective4
hairstyle that is commonly or historically associated with race.5
SECTION 3. In Colorado Revised Statutes, 22-38-104, amend6
(1)(d)(II); and add (1)(d)(I.5) as follows:7
22-38-104. Pilot schools - requirements - authority -8
definitions. (1) The state board may provide for the establishment and9
operation of not more than one full-time residential pilot school and not10
more than three year-round nonresidential pilot schools pursuant to the11
following provisions:12
(d) (I.5)  A PILOT SCHOOL'S WRITTEN POLICY MUST SPECIFY THAT13
A KNOWING OR INTENTIONAL USE OF A NAME OTHER THAN A STUDENT'S14
CHOSEN NAME IS DISCRIMINATORY .15
(II)  As used in this subsection (1)(d):16
(A) "CHOSEN NAME" MEANS ANY NAME THAT AN INDIVIDUAL17
REQUESTS TO BE KNOWN AS, OTHER THAN THE INDIVIDUAL'S LEGAL NAME,18
TO REFLECT THAT INDIVIDUAL'S GENDER IDENTITY.19
(B) "GENDER EXPRESSION" MEANS AN INDIVIDUAL'S WAY OF20
REFLECTING AND EXPRESSING THE INDIVIDUAL'S GENDER TO THE OUTSIDE21
WORLD, TYPICALLY DEMONSTRATED THROUGH APPEARANCE, DRESS, AND22
BEHAVIOR, OR USE OF A CHOSEN NAME.23
(A) (C) "Protective hairstyle" includes such hairstyles as braids,24
locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and25
headwraps.26
(B) (D) "Race" includes hair texture, hair type, or a protective27
1039
-4- hairstyle that is commonly or historically associated with race.1
SECTION 4. In Colorado Revised Statutes, 24-34-301, amend2
(9); and add (3.5) as follows:3
24-34-301. Definitions. As used in parts 3 to 10 of this article 34,4
unless the context otherwise requires:5
(3.5) "CHOSEN NAME" MEANS ANY NAME THAT AN INDIVIDUAL6
REQUESTS TO BE KNOWN AS, OTHER THAN THE INDIVIDUAL'S LEGAL NAME,7
TO REFLECT THAT INDIVIDUAL'S GENDER IDENTITY.8
(9)  "Gender expression" means an individual's way of reflecting9
and expressing the individual's gender to the outside world, typically10
demonstrated through appearance, dress, and behavior, OR USE OF A11
CHOSEN NAME.12
SECTION 5. Safety clause. The general assembly finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety or for appropriations for15
the support and maintenance of the departments of the state and state16
institutions.17
1039
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